On the release of goods without Presentation

documents. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking.”
On one hand, B/L is the receipt of goods and the evidence of the contrast of carriage. Once the relationship of contrast of carriage has been established between the carrier and consigner, the carrier will have the obligation to deliver the goods to the consignee dominated in the B/L intact. Untill the carrier delivers the good to the holder of original B/L, the obligation will not be performed and the contract of carriage will not terminate.
On the other hand, B/L is the title of document. There’s one opinion that B/L represents the ownership of the goods dominated in B/L, and taking possession of B/L has the same legal validity as holding the ownership of goods.[3] The assignment of B/L means the transfer of ownership. Therefore, the carrier must release of goods with presentation of original B/L.[4] In fact, the view above distorts the implication of “title of document”. The basic feature of “title of document” is assignment without any formal assignment or any notice to debtor .It only indicates the possession, having no relationship with ownership, Rights infiltrate document, therefore it has formed the most important commercial principle that only to deliver goods to the holder of B/L, the debt will be cleared off[5]. Just as Judge Rix said: “In my judgment, a true owner cannot in the absence of some special arrangement oblige a shipowner to deliver his goods to him without presenting his bill of lading.”[6] Namely, even the true owner of goods must take delivery with original B/L.
(b). Taking delivery with original B/L is an international usage.
Taking delivery with original B/L has been a law system accepted and generally acknowledged nearly by every state. As an international trade usage, it has been generally observed in shipping practice. In 1983 the Ministry of Foreign Economic and Trade issued an instrument in the form of notice, permitting to take delivery of goods with copied B/L in addition to letter of guarantee. But in academic circles, people generally don’t regard it as legislative document of government, but a kind of normative document which has coordinative effect.[7] Taking delivery with original B/L still must be observed as an international usage.
2. The judgment, causality, typical model and demur to the act of releasing of goods without B/L.

(a). The criterion for judgment of the a

ct of releasing of goods without B/L
Whether the carrier’s act of releasing of goods without B/L has completed or not, we should take into consideration whether the goods has been delivered in law, namely the act that the carrier shows taking delivery order to consignee. And the behavior of consignee in the process of taking delivery has no effect to the releasing of goods without B/L by carrier.
(b). The causality and typical model of releasing of goods without B/L
I. The carrier delivers goods to the third party subject to the consignee named in B/L in addition to letter of guarantee when the goods arrive at the port of destination.
II. Because of the development of recent navigation seamanship, fast shipping but short voyage, in addition to the documents’ slow negotiation, the carrier releases of goods to the consignee without original B/L in order to cut down expenses of port and set about

《On the release of goods without Presentation(第2页)》